[BNSS] Section 359 Does Not Curtail High Court's Inherent Powers U/S 528 To Quash FIRs: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court clarified that the provisions of Section 359 of the Bharatiya Nyaya Sanhita, 2023, corresponding to Section 320 of the CrPC, do not restrict the inherent powers of the High Court to quash an FIR under Section 528 BNSS (earlier Section 482 CrPC).The Court held that the inherent jurisdiction of the High Court remains intact, and can be invoked to...

'Detention Based On 5-Year-Old FIR Suggests Lack Of Proximate Link': J&K&L High Court Quashes Preventive Detention Order Under Public Safety Act

The Jammu & Kashmir and Ladakh High Court has held that a preventive detention order cannot be sustained when it is based on a stale and remote incident, observing that a five-year gap between the alleged offence and the detention demonstrates the absence of a live and proximate link between the two.Justice Moksha Khajuria Kazmi was hearing a petition filed challenging the detention order...

Mere Call Detail Records Without Voice Evidence Not Enough To Link Accused To Drug Trafficking: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court, while granting bail to one accused under the NDPD Act, has ruled that mere call detail records (CDRs) showing contact between the accused and co-accused, in the absence of any voice recordings or corroborative evidence, cannot be treated as sufficient material to connect him with the alleged offence of drug trafficking under the Act.The...

Compassionate Appointment, Acceptance Of Lower Post Under Financial Distress Doesn't Bar claim For Higher : J&K HC

A Division bench of the J&K HC comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that the principle of estoppel does not apply when a compassionate appointment to a lower post is accepted under financial duress and immediately challenged by the applicant who possessed the requisite qualifications. Background Facts The applicant's father was working as an...

Family Pension Cannot Be Deducted While Calculating Loss Of Income In Motor Accident Claims: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has held that while computing the loss of income in a motor accident compensation case, it would not be permissible to deduct the pensionary amount received by the dependents of the deceased.Justice Sanjay Dhar, while dismissing an appeal filed by Reliance General Insurance Company, ruled that “for the purpose of computing the loss of income,...

Dismissal Of SLP Does Not Attract Doctrine Of Merger, Only Law Declared By SC Is Binding Under Article 141: J&K&L High Court

Clarifying the limits of the doctrine of merger, the Jammu and Kashmir and Ladakh High Court has held that even if an order dismissing a Special Leave Petition (SLP) is supported by reasons, the doctrine of merger would not be attracted. However, a bench of Justice Sanjeev Kumar also made it clear that the reasons stated by the Supreme Court while dismissing an SLP may attract Article 141 of...

Trial Court's Difficulty To Form Opinion Doesn't Justify Denial Of Bail, Cannot Abdicate Duty U/S 43-D(5) UAPA: J&K&L High Court

Reaffirming the judicial responsibility under the Unlawful Activities (Prevention) Act, 1967 (UAPA), the Jammu and Kashmir and Ladakh High Court has held that the trial court's observation that it was “difficult to frame an opinion at this stage” could not serve as a ground to deny bail.The Bench comprising Justices Sanjeev Kumar and Sanjay Parihar, observed that such a stance amounts...

Exclusive Jurisdiction Clause Is Enforceable Only If Chosen Court Is Competent U/S 20 CPC At Time Of Contract: J&K&L High Court

Reiterating a fundamental principle of civil jurisdiction, the High Court of Jammu and Kashmir and Ladakh at Jammu has held that parties cannot, by design or default, confer jurisdiction on a court that inherently lacks it. An exclusive jurisdiction clause is enforceable only if the chosen court was competent under Section 20 CPC at the time of the contract, it added.The Division Bench...

NHAI Act | NHAI Obliged To Develop, Manage & Maintain National Highways And Construct Amenities: J&K High Court

Reiterating the statutory duties of the National Highways Authority of India (NHAI) under the National Highways Authority of India Act, 1988, the Jammu and Kashmir and Ladakh High Court has held that NHAI is legally obliged to develop, manage, and maintain national highways vested in it and to construct wayside amenities near such highways.Justice Sanjay Dhar made these significant...

Executing Court Cannot Shirk Duty To Decide Objections Of Third Parties Even If They Weren't Party To Original Suit: J&K&L High Court

Reinforcing the duties of executing courts, the High Court of Jammu and Kashmir and Ladakh at Jammu has held that an executing court cannot decline to determine the merits of an objection raised by a person resisting execution of a decree merely on the ground that such objector was not a party to the original proceedings or decree.A bench of Justice Sanjay Dhar observed that under Section 47...

Filing Of Final Report No Bar To Granting Anticipatory Bail: J&K&L High Court

In a significant order clarifying the scope of anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023), the Jammu & Kashmir High Court has held that the filing of a final report (challan) before the competent court does not bar the grant of absolute anticipatory bail.A bench of Justice Mohd Yousuf Wani observed that compelling an accused to seek regular bail after...

No Employee, Including Retirees, Has Vested Right To Perpetually Reap Benefits Of Employer's Mistake Of Erroneous Payments: J&K HC

A Division bench of the Jammu & Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that recovery of erroneously paid benefits from retired low-level employees is impermissible, but correction of future pay/pension is allowed. Further that no employee, including one who has superannuated, possesses a vested right to perpetually reap the benefits...